Parking Eye

Re: Parking Eye

Unless PE or the landowner can prove they have suffered a quantifiable loss, they are not entitled to a penny, as the faux PCN is, basically, a penalty, which the law does not allow. PE would have difficulty trying to prove the existence of a contract and I doubt very much they could rely on the tort of trespass as that is difficult to prove without jumping through a lot of hoops.

..... unless of course you send a cheque in F&F!

You don't have to spend, they can't force you to. Purchasing something just gives them a possible way in, so my opinion is to ignore 100%.

[bluebottle]

Re: Parking Eye

Unless PE or the landowner can prove they have suffered a quantifiable loss, they are not entitled to a penny, as the faux PCN is, basically, a penalty, which the law does not allow. PE would have difficulty trying to prove the existence of a contract and I doubt very much they could rely on the tort of trespass as that is difficult to prove without jumping through a lot of hoops.

[gazcass]

Re: Parking Eye

Why appeal? Surely you are a classic ignore everything case, assuming you are the RK of the car?

Have you read the relevant bit of this:

http://www.legalbeagles.info/forums/...rking-Offences

My wife WAS the RK of the car, we have since sold it, does purchasing anything from the stores void the PCN in anyway, as i cannot understand why they would mention it on the appeal procedure form.?

Re: Parking Eye

Yours is the other commonly stated opinion since the new legislation came in. The vast majority of organisations seem to be suggesting totally ignoring though.

As ever on here, all opinions are useful, and both yours and mine are in the link provided in the Parking Offences thread. If the OP reads more widely on Pepipoo and beyond Pepipoo , as well as looking at peoples' individual choices in their response to receiving tickets, I don't think you'll find a single case of the F&F suggestion actually having succeeded yet. You'll find plenty where having ignored the ticket has succeeded.

I would actually go one step further and state that by offering a F&F payment of £2.00, you are actually losing one of your most powerful defences, as you are admitting a contract was made. The formation of a contract is one of a number of critical arguments to use against paying.

Purely my opinion of course. :beagle:

[alham]

Re: Parking Eye

Sorry to disagree but the new rules do put a bit of emphasis on procedures even if they are non-binding on the punters. So if one can demonstrate that an attempt has been made to appeal all the way, then one can throw in "here is £2 for your troubles as a full and final settlement"

Re: Parking Eye

Why appeal? Surely you are a classic ignore everything case, assuming you are the RK of the car?

Have you read the relevant bit of this:

http://www.legalbeagles.info/forums/...rking-Offences

[gazcass]

Re: Parking Eye

Hi everyone,
Just registered on here after my Mrs got a Parking Charge Notice, issued by our friends 'Parking Eye' for parking 45 mins over the 2 hour free at our local retail park in Leyland.[Chuchill way retail park,inc mcdonalds etc].
To say i was fuming was to put it mildly. As far as i am aware, [although i maybe wrong], the parking eye cameras only went up very recently, no doubt to cash in on the latest change of legislation, so far i have had 2 letters off them, demanding £100 [£60 if paid before today],as it stands, i have no intention to paying the robbing *******s, [sorry, are you allowed to swear on here??].
However, i am in some doubt as to my legal standings, and my Mrs is kakking herself thinking she will end up in court.
One thing i could not understand, is that on the appeals and complaint procedure on the back of the PCN,, it states, all appeals must be recieved within 28 days from intial correspondence, 'and please include all information to assist with this appeal.This may include.: a store receipt from the day in question, proof of purchase via a bank statement',..????
Does this mean if she bought something we don't have to pay the PCN?, can't understand why they would put that on, i have read the terms and conditions on the car park and cannot see anything about purchasing something to overide the 2 hours free parking?.
Thanks for any assistance.
Gaz

Re: Parking Eye

i have thought about this and from reading other threads im sceptical regards the appeal. by appealing does this confirm i aknowledge there is a fine to appeal against? the initail appeal i am informed is to parking eye. once they refuseas im sure they will. i am told on the parking charge lletter they sent i will be provided witht the details of the independant appeals service (POPLA). does anyone have any experience of them? i dont really have anything to appeal against except the issue of the invoice V the outstanding parking charge for the 49 minutes spent over the 2 hour limit.

should i instead go direct to the BPA in the first instance and claim this invoice for £60 is not proportional to the expences iccurred by the parking company ,as you state whilst not "appealing" and therfore aknowedging the invoice to parking eye?


thanks

Read the updated Parking Guide (link above) - its changed over the weekend to reflect developments in current legislation. I think the start of the link will make your mind up for you.

[alham]

Re: Parking Eye

i have thought about this and from reading other threads im sceptical regards the appeal. by appealing does this confirm i aknowledge there is a fine to appeal against? the initail appeal i am informed is to parking eye. once they refuseas im sure they will. i am told on the parking charge lletter they sent i will be provided witht the details of the independant appeals service (POPLA). does anyone have any experience of them? i dont really have anything to appeal against except the issue of the invoice V the outstanding parking charge for the 49 minutes spent over the 2 hour limit.

should i instead go direct to the BPA in the first instance and claim this invoice for £60 is not proportional to the expences iccurred by the parking company ,as you state whilst not "appealing" and therfore aknowedging the invoice to parking eye?


thanks

Depending on the grounds of the appeal.

Nevertheless, you have to have been through their process because if they do try to press it further it will count badly against you if you did not. And appeals costs them money and not you.

Re: Parking Eye

The Parking Offences section of the bailiff forum has just a few minutes ago been updated. Please have a read.

[bluebottle]

Re: Parking Eye

i have thought about this and from reading other threads im sceptical regards the appeal. by appealing does this confirm i aknowledge there is a fine to appeal against? the initail appeal i am informed is to parking eye. once they refuseas im sure they will. i am told on the parking charge lletter they sent i will be provided witht the details of the independant appeals service (POPLA). does anyone have any experience of them? i dont really have anything to appeal against except the issue of the invoice V the outstanding parking charge for the 49 minutes spent over the 2 hour limit.

should i instead go direct to the BPA in the first instance and claim this invoice for £60 is not proportional to the expences iccurred by the parking company ,as you state whilst not "appealing" and therfore aknowedging the invoice to parking eye?


thanks

Basically, Parliament have not made it easy for PPCs. The only money a PPC is entitled to recover is any parking fee that may be charged for parking and has not been paid. The only other money they are entitled to recover is the actual cost of writing a letter to the owner of a vehicle to say, "You didn't pay £2.00 for parking on **/**/** at *****************. Could you pay this, please, and reimburse the cost of postage." What they are not allowed to due is demand any sum which is disproportionate to any parking fee payable or is a penalty.

What is the hourly parking charge PE are quibbling about?

[seanuk]

Re: Parking Eye

My reading of the new law that came into power on the 1/10 (owner/keeper becoming liable for private parking charges) this is the case of contract law - the fees have to be proportional to the expenses incurred by the parking company, NOT penalty. Everything before the 1st is like before, if after - try going through their appeal first, then appeal to the BPA, then come back here. Remember, the only change is that they DO NOT have to prove who the driver was. Also remember, the parking company is PAID by the owner to manage the car park, so any fees they can get from us most time goes straight below the line (profit).

i have thought about this and from reading other threads im sceptical regards the appeal. by appealing does this confirm i aknowledge there is a fine to appeal against? the initail appeal i am informed is to parking eye. once they refuseas im sure they will. i am told on the parking charge lletter they sent i will be provided witht the details of the independant appeals service (POPLA). does anyone have any experience of them? i dont really have anything to appeal against except the issue of the invoice V the outstanding parking charge for the 49 minutes spent over the 2 hour limit.

should i instead go direct to the BPA in the first instance and claim this invoice for £60 is not proportional to the expences iccurred by the parking company ,as you state whilst not "appealing" and therfore aknowedging the invoice to parking eye?


thanks

[alham]

Re: Parking Eye

My reading of the new law that came into power on the 1/10 (owner/keeper becoming liable for private parking charges) this is the case of contract law - the fees have to be proportional to the expenses incurred by the parking company, NOT penalty. Everything before the 1st is like before, if after - try going through their appeal first, then appeal to the BPA, then come back here. Remember, the only change is that they DO NOT have to prove who the driver was. Also remember, the parking company is PAID by the owner to manage the car park, so any fees they can get from us most time goes straight below the line (profit).

[seanuk]

Re: Parking Eye

i have read this and a few other threads and i would like to ask as i too have had a parking charge notice £100 or £60 if paid within 28 days. i was parked for over 2 hours and have no defence. i have read on other threads that since the 1st october changes that there has not been a test case. i am not putting my self forward and would like to know...
pay £60.00 and forget it ?
bin the letter and forget it ?
i would assume from reading the threads that they can only really claim for the additional parking change not paid? they had plenty of signs nopt sure about machines and i assume they are gearing up to show that they can make this work.
all comments greatfully received

[bluebottle]

Re: Parking Eye

Thats brilliant Bluebottle thanks!! I thought it would be beneficial to post the letter. So going forward do I appeal this quoting that they are only entitled to claim any parking fee (which is not advertised going over the 3hrs) or do I just ignore it and not enter any communications?

Let some more LB members look in and give their opinion first. I wouldn't be in a hurry to expend any postage or perspiration on the likes of Parking Eye unless absolutely necessary.